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Home My WebLink About2014-08 CC Reso - Underground District 2 Perkins from State St to Pomeroy RESOLUTION NO. 2014-08 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING RESOLUTION NO. 90-1 TO REVISE THE BOUNDARIES AND OTHER PROVISIONS OF UNDERGROUND DISTRICT NO. 2- PERKINS STREET FROM STATE STREET TO POMEROY WHEREAS, 1. On July 5, 1989, by Resolution No. 90-1, a true and correct copy of which is attached hereto as Exhibit 1, the City Council established Underground District No. 2 in accordance with Ukiah City Code ("UCC") Sections 3800-3841; and 2. Underground District No. 2 encompasses both sides of Perkins Street between State Street and Pomeroy, as more fully described in Exhibit A to Resolution No. 90-1; and 3. Under UCC Sections 3811 and 3820, when the City Council establishes an underground district, it must fix the time within which the removal of poles, overhead wires and associated overhead structures and the underground installation of these facilities shall be completed and within which affected property owners must be ready to receive underground service; and 4. The time required by Resolution No. 90-1 for undergrounding overhead facilities in Underground District No. 2 has long since expired; and 5. Resolution No. 90-1 required utility companies and property owners to underground their facilities only when the use of their property changes or rezoning occurs; and 6. The City Council has determined that the boundaries of the District should be modified and I the schedule for undergrounding overhead facilities within the district revised; and 7. A public hearing before the City Council was called for March 5, 2014, at 6:00 p.m. or as soon thereafter as the matter could be heard in the City Council chambers at 300 Seminary Avenue, Ukiah, to consider proposed amendments to Resolution No. 90-1, including revision to the boundaries of Underground District No. 2 and the schedule for completing the undergrounding of overhead facilities and to the obligations of utilities and property owners within the District, and whether the public necessity, health, safety or welfare continues to I require the removal of poles, overhead wires and associated overhead structures and the � underground installation of wires and facilities for supplying electric, communication or similar or associated service within the revised boundaries, as depicted and described in the attached Exhibit 2; and 8. At least ten (10) days prior to the scheduled hearing, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll and all affected utilities in the manner and for the time required by law; and 9. Such hearing has been duly and regularly held and all persons interested have been given an i opportunity to be heard. 1 ; I J NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City Council finds that: a. Perkins Street has been designated as a primary gateway into the City, is the most direct access from U.S. Highway 101 to the historic downtown business district, and accordingly passes through a civic area of unique scenic interest to the general public; b. The undergrounding to be accomplished will avoid or eliminate an unusually heavy concentration of overhead distribution facilities; c. Perkins Street is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; and d. The public necessity, health, safety and welfare require the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated secvice within the revised boundaries of Underground District No. 2, as described in the attached Exhibit 2. 2. Based on the foregoing findings: ' a. The removal and undergrounding of electrical facilities as herein provided shall apply to all of the revised District No. 2, as described in Exhibit 2. b. All poles, overhead wires and associated overhead structures shall be removed and underground installation made in Underground District No. 2 within the following times and in the following manner: (1) Underground installation by the utility companies, including the City of Ukiah Electric Department, AT&T and Comcast shall be completed by December 31, 2015; (2) Said utilities shall share equally the costs associated with undergrounding their facilities within the public right of way, including, but not limited to, the costs of removing poles and overhead wires and related facilities, furnishing and instailing conduits, conductors and associated equipment, and of trenching, compacting, backfilling, and paving over said facilities; (3) With permission of the property owner, the City Electric Department and the other utilities furnishing service to the property, including AT&T and Comcast, at the expense of the utilities, will install up to 100 feet of underground service lines and related equipment from the public right-of-way for Perkins Street to the service equipment on the property. If the property owner does not consent in a form and within the time satisfactory to the Director of the Electric Department or his or her designee, the property owner shall install those facilities at his or her expense in compliance with specifications adopted by the Electric Department by no laterthan July 1, 2015. 2 3. By no later than 10 days after the adoption of this Resolution, the City Clerk shall mail a copy of this resolution and a copy of Ukiah City Code Sections 3800-3855 to affected property owners as shown on the last equalized assessment role and to affect utilities. PASSED AND ADOPTED on March 5, 2014, by the following roll call vote: AYES: Councilmembers Scalmanini, Crane, Thomas, Landis, and :�Iayor Saldwit: NOES: Nene ABSTAIN: None ABSENT: None � / l ; ��.��i2'L'�� :/JT��I��--� Mayor P lip E. Baldwin ATTEST: ! , ,� ; r � � � , � � �� ,� � ��. ,. �1 i� , ' GG� � � � � Kristine Lawler, City Clerk � I 3 I EXHIBIT "2" CITY OF UKIAH UNDERGROUND DISTRICT NO. 2 BOUNDARY DESCRIPTION PERKINS STREET— STATE STREET TO POMEROY Beginning at the intersection of the Easterly right-of-way line of State Street to its intersection of 40 feet North of the Northerly right-of-way line of Perkins Street; thence Easterly, parallel with the Northerly right-of-way line of Perkins Street to the intersection in the Westerly right-of-way line of U.S. Highway 101; thence Southerly to 40 feet South of the Southerly right-of-way line of Perkins Street to the intersection of the Westerly right-of-way line of Pomeroy Street; thence Westerly, parallel with the Southerly right-of-way line of Perkins Street to the intersection of the Easterly right-of-way line of State Street; thence Northerly, to the point of beginning. 4